A Grand Old Sentinel was at Risk in Seattle'sGreenwood Neighborhood.

This is the story of what happened...

A truly Exceptional, Western Red Cedar was endangered in Seattle's Greenwood neighborhood.We, a group of neighbors, created this site as a place to share information about the value of trees in our urban neighborhoods, raise awareness of City codes that put Exceptional Trees at risk, and give our fellow citizens a way to follow and support our campaign.

After over 10 months of perseverance against staggering odds, we reached a settlement with the developer, Andy Duffus, which included a covenant that will prevent removal of this tree, in perpetuity, and a requirement that he build to a footprint that preserves the tree.

For more, read on below.

Huge thanks to all who supported this campaign!

Watch

"The Power of Trees"A short film by The Nature Conservancy of Washington

A tree is a self: it is 'unseen shaping' more than it is leaves or bark, roots or cellulose or fruit ... What this means is that we must address trees as we must address all things, confronting them in the awareness that we are in the presence of numinous mystery.- Brian Swimme

Our Story

A beloved 100+ yr-old Western Red Cedar on the 500 block of North 82nd Street in Seattle's Greenwood neighborhood - here before any of the houses on our street and home to various birds and creatures - was slated to be cut down so a big developer could construct two large (3,000+ sq ft) homes on a lot one small farmhouse has occupied since 1904.

Loopholes in the City's building codes result in a less than Emerald City. As of 2007, tree canopy is below 20% in single-family residential areas, and it seems things have not improved since.

We are a group of Greenwood neighbors who fought as hard as we could to save it, against all odds. Now, this tree will remain a grand sentinel on our block and in our neighborhood for many years to come, likely longer than any of us.

We developed this site as a way to share information about urban trees and development in Seattle, share the story of our tree, as well as provide information about how to help the cause and ways to take action. Thanks for visiting!

The Journey

In December of 2016 we learned that the lot at 516 North 82nd Street had been purchased by Andy Duffus and his brother Dan, who have built several large houses on small lots in our neighborhood in recent years. They have made a practice of buying lots large enough to be short-platted (split into two smaller lots) for the price of the land, then build two large houses where one had been for many years. To be fair, they are completely within their legal right to do so. This is an excellent equation for business, but can be a disastrous one for retention of increasingly rare and beautiful, old growth trees.

We became immediately concerned about losing this tree. Even though it stands at the southwest end of the lot, on the western lot line, we feared its size would impede development if the developer planned to split the lot and build two houses, to maximum limit of each lot's boundaries. We reached out to him with a letter, signed by over 30 neighbors, appealing to him to spare the tree in his plans. He responded with two possible solutions: 1) that we could buy that plot for $500k or 2) he would draw up plans for a smaller house and run the numbers to see if it would be feasible. Unfortunately, we weren't able to find a buyer for half of the lot and he came back to us with news that it would not pencil out for his firm to build the smaller house, unless we gave him $175k. This wasn't a viable option for us either.

Through many communications with the Seattle Department of Construction and Inspections (SDCI) and researching flexibility regarding building restrictions where Exceptional Trees are concerned, we came up with several ideas of alternative designs that would allow the developer to build a smaller house, but recover more profit (using $175k as a goal.) We also met with city council member Mike O'Brien, who was very responsive to our concerns, and although he admitted there may not be anything the City can do for this particular tree, he promised us he would work to change the SDCI short-platting codes to consider Exceptional Trees.

The current City codes do not consider protection of this tree in permitting the short-plat application process. Once short-plat is granted, the tree would no longer be protected, as the parcels will be smaller than 5k square feet. The SDCI, permitted the short-plat application on May 1st. We filed an appeal of this decision on May 15th. The evidentiary hearing was scheduled for August 22nd, and we began a three month preparation of our case and alternative solutions. The morning of August 21st however, we received news that the hearing examiner had dismissed our appeal, and made a judgement without hearing our case. Our tirelessly passionate attorney, Dave Bricklin, appealed the dismissal, and we were granted a reprieve: our day in court. The new hearing date was set for October 3rd.

Then came a turning point for our campaign: Nicole Brodeur's column about our tree in the Seattle Times (September 12th, 2017) attracted the attention of local, award-winning green builder: Anthony Maschmedt, principal at Dwell Development. Reading the story, he decided he wanted to buy the parcel with the tree and build a smaller house, saving the tree. Owner, Andy Duffus, through Blueprint Capital, was agreeable to selling the parcel to him, along with an easement to allow Anthony's house to be moved over to allow a safer margin for the tree.

We settled our appeal with Mr. Duffus on October 2nd, the night before our hearing. Most importantly, our settlement included a covenant that will prevent the removal of this tree, in perpetuity, unless it becomes diseased and/or unsafe in some way. Later, Anthony withdrew from the project, however tree protection and his smaller building footprint remain part of our settlement agreement to be carried out by Andy Duffus in development of this lot.There were so many times this campaign could have been over, and the tree lost. This resolution is the result of many months of blood, sweat, tears and dollars from: a cadre of wildly-perseverant neighbors with differing skills brought to the task; an incredibly sharp and passionate attorney; a group of fabulous expert witnesses (arborist, land use specialist, architect;) the invaluable help of Nicole Brodeur at the Seattle Times and the support of many friends, family and community.

We are deeply grateful for the efforts of all who supported this campaign. You made a difference here.Thank You!

They stood still and gazed at the forest,They looked at the height of the cedars,They looked at the entrance to the forest...They beheld the cedar mountain, abode of the god,Throne-seat of Irnini.From the face of the mountainThe cedars raise aloft their luxuriance.God is their shade, full of delight.

- The Story of Gilgamesh

It's Up to Us to

Campaign for Change

Beyond our efforts to save this tree, our aim is three-fold: to develop a model and tools that enable neighborhood groups to fight urban deforestation as a result of residential development, to join together with neighborhoods/neighborhood groups across Seattle to protect urban trees and forests; and to organize political action for change at the level of local government.

"...Seattle needs to update its tree ordinance to require permits to cut down significant trees (over 6 inch diameter), two week posting of tree cutting proposals, registration of arborists with the city and tree replacement. These are all things that SDOT already requires for street trees and they need to extended citywide to help maintain our tree canopy in the face of intense development occurring in Seattle." - Friends of Seattle's Urban Forest

The Cause

Canopy &Quality of Life

Adiel Kaplan, in her article for Investigate West (July 27th, 2016,) noted recent moves in the wrong direction by city planning officials. Proposed changes to the City's "Comprehensive Plan, which lays out broad goals for how Seattle will grow over the next two decades, have also triggered unease among those who preach the benefits of trees. The 2005 version of the plan, which is updated roughly every 10 years, set out to expand the tree canopy to 30 percent coverage of the city by 2037 and ultimately to 40 percent. It also called for “no net loss of canopy.”

"(T)he percentage goals remain but the “no net loss of canopy” goal has been removed. City planners say it was redundant and removing it signifies no change in policy, but neighborhood groups fear that without the “no net loss” language, it will be easier for the city to go back on its word in the future."

More recently, however, Adiel Kaplan and Robert McClure note in their Investigate West article (October 27th, 2107,) "It’s been nearly a decade since the City of Seattle set out to protect the pollution-catching, health-promoting tree canopy that gave the town the nickname “The Emerald City.” But little actually happened. Meanwhile, a post-recession building boom unleashed a torrent of development that chipped away at the city’s leafy umbrella. The results are not pretty. Seattle’s current canopy-preservation system is “not supporting tree protection,” according to a city report quietly completed earlier this year."

Still, there is reason to be hopeful. "...things may finally be changing. This month city officials began signaling that they are ready to take some steps to keep the Emerald City green...City Council member Rob Johnson said he will be pushing to adopt an updated and strengthened city tree protection ordinance, which first was passed by the City Council in 2008. That 2008 law was viewed as an interim measure. But years went by with no tougher ordinance." Now needs to be the time.

We firmly believe that retaining our urban tree canopy will require local governmental leadership and change of City codes and philosophy in regard to development where Exceptional and Heritage Trees are concerned. We can't leave the fate of these irreplaceable trees to the sole discretion of development interests. Loss of tree canopy, especially Exceptional Trees, will have far-reaching impacts on our environment, general health and quality of life here in Seattle.

Significantly reduce runoff and improve water quality through filtration

Reduce urban particulate pollution and work to offset CO2 emissions

Improve the mental health of urban inhabitants

A SELF- EVIDENT TRUTH: The Urban Forest is essential.Trees save money through their green infrastructure services. They reduce stormwater run off, mudslides, urban flooding, soil erosion, and reduce energy costs by moderating the local climate.

Trees are good for the environment: they increase bio-diversity, protect habitat, pollinators, and wildlife. They provide for a cleaner Puget Sound, and they mitigate the causes and effects of global climate change.

Tree Designation

There are two designations urban trees can be granted to provide limited protection in construction and development projects. This tree was unable to be designated Heritage because the property owner (in this case, the developer) must agree to it. However, a professional arborist's report has designated it an Exceptional Tree.

Seattle Director's Rule 16-2008 designates an Exceptional Tree as:a tree or group of trees that because of its unique historical, ecological, or aesthetic value constitutes an important community resource, and is determined as such by the Director according to standards and procedures promulgated by the Department of Planning and Development. By this rule, Exceptional trees must also meet benchmarks of health and age (indicated by trunk diameter.)

Building Codes

While some City codes include protections for Exceptional Trees, residential development on lots smaller than 5k square feet is not required to protect trees if they impede a developer from building to the maximum legal limit of the lot (up to 5ft on side lot lines and ~20ft from rear lot line.) Thus, short-platting practices (division of a 5k+ lot into two smaller lots) put these exceptional trees in harm's way and all but guarantee they will increasingly disappear from our city's neighborhoods.